Law of the Sea Commons^™

The Responsibility To Protect And Land-Locked States' Access To The Sea: An Analogy, Halil Rahman Basaran

Buffalo Human Rights Law Review

No abstract provided.

A Sea Change In Creditor Priorities, Kristen Van De Biezenbos

University of Michigan Journal of Law Reform

This Article argues that the operation of maritime law undermines a primary justification for creditor priorities under U.S. law. Under current law, when a debtor becomes insolvent, its secured creditors will be paid the full amount of their debt to the extent of their security interest, even if that leaves nothing to pay unsecured creditors. This is controversial with respect to involuntary unsecured creditors, particularly those with tort claims against the debtor. Defenders of this scheme of priorities have argued that allowing greater priority to involuntary creditors would hinder the availability or increase the cost of credit. However, involuntary creditors …

The Transfer Of Technology And Unclos Iii, Douglas Yarn

Georgia Journal of International & Comparative Law

No abstract provided.

Ocean Thermal Energy Conversion, John W. Kindt

Georgia Journal of International & Comparative Law

No abstract provided.

Maritime Boundary Dispute Settlement: The Nonemergence Of Guiding Principles, Marvin A. Fentress

Georgia Journal of International & Comparative Law

No abstract provided.

Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French

Faculty Scholarship

Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and …

Land Ho! Two Words An Injured Longshore Or Harbor Worker Never Wants To Hear, Adam Hare

Catholic University Law Review

In 1927, the United States Congress passed the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) to provide workers’ compensation coverage to maritime workers injured outside the purview of state workers’ compensation laws. Rigid judicial interpretation of the original Act, however, led to inequitable outcomes in the maritime industry. Workers neither on land nor on the water when injured could not claim workers’ compensation benefits under state or federal laws. The 1972 amendments to the LHWCA sought to cure this inequity. The amended Act included a situs requirement. This Comment analyzes the most important judicial interpretations of the situs requirement of …

Contemporary Uses Of Force Against Terrorism: The United States Response To Achille Lauro-Questions Of Jurisdiction And Its Exercise, Jeffrey A. Mccredie

Georgia Journal of International & Comparative Law

No abstract provided.

Further Steps In The Clarification Of The Soviet Position On The Innocent Passage Of Foreign Warships Through Its Territorial Waters, Erik Franckx

Georgia Journal of International & Comparative Law

No abstract provided.

Climate Change Impacts On Ocean And Coastal Law: U.S. And International Perspectives, Randall S. Abate

Faculty Books and Book Contributions

Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that …

The Expansion Of Admiralty Jurisdiction Into The Realm Of Workers’ Compensation: Newly Applying Learned Hand To Jones Act Personal Injury Claims To Incentivize Dangerous Seafaring Work And Protect Workers From The Perils Of The Sea, 48 J. Marshall L. Rev. 877 (2015), Blair Pooler

UIC Law Review

This Comment proposes a novel application of Learned Hand’s calculus of negligence to divide the protections for traditional and non-traditional maritime workers.

The Role Of Naval Power In The Development Of Customary International Law, John J. Chung

Law Faculty Scholarship

No abstract provided.

Sea Change: New Rulemaking Procedures At The International Labour Organization, Desiree Leclercq

Scholarly Works

The International Labour Organization (“ILO”) turns 100 years old in 2019, and is accordingly one of the oldest international organizations. Its mandate to promote decent work through standard-setting and norm supervision has been challenged by rapid changes in the world of work brought on by globalization, technological advancements, and an increasingly migratory workforce. These changes require the ILO to maintain a flexible system of norm creation and rulemaking that can adapt just as rapidly.

To ensure a flexible system, the ILO should be able to revise its instruments in a sufficiently responsive time. The ILO’s rule to amend its instruments, …

"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen

Articles

The theme for the 2015 Arctic Encounter Symposium was “Charting a Path to U.S. Leadership in the Far North.” I would like to begin my comments regarding U.S. leadership by reminding the audience that the Arctic is primarily a maritime domain and the fundamental rule set for international relations in the Arctic’s maritime domain is the 1982 U.N. Convention on the Law of the Sea (LOS Convention), a convention to which the United States remains the most conspicuous non-party.

The Implications Of The Implementation Of Part Iii Of The United Nations Convention On The Law Of The Sea (Unclos) 1982 To The Safety Of Navigation And Marine Environmental Protection In The Straits Used For International Navigation : The Review Of Policy And Cooperation, And Future Direction Of The Cooperative Mechanism In The Straits Of Malacca And Singapore, Nanditya Darma Wardhana

World Maritime University Dissertations

Due to the development of the international trade, the shipping industry has become one of the prime methods of carrying commodities. Commodities are usually shipped through the main international routes, including the main international straits, which are usually used for international navigation. To regulate the rights and obligations between the littoral States and user States in the international Straits, UNCLOS 1982 adopted provisions, which are related to the Straits Used for International Navigation regime. The Straits of Malacca and Singapore are part of this regime. To enhance the safety of navigation and marine environmental protection in the Straits of Malacca …

Minelaying And The Impediment Of Passage Rights, Wolff Heintschel Von Heinegg

International Law Studies

Since their first extensive use in the 1904–05 Russo-Japanese War naval mines have continued to pose a considerable threat to innocent shipping. States reacted by adopting the 1907 Hague Convention VIII, which has been the only international instrument on the matter to date. In view of the fact that more than 80 percent of imports and exports are shipped by sea, freedom of navigation and, in particular, transit and archipelagic sea lanes passage rights must be preserved to the greatest extent possible. The present article deals with the question of whether international rules and principles provide effective protection of international …

Survey Of United States Jurisdiction Over High Seas Narcotics Trafficking, Jeffrey D. Stieb

Georgia Journal of International & Comparative Law

No abstract provided.

Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon

Georgia Journal of International & Comparative Law

No abstract provided.

Maritime Piracy And Armed Robbery Confrontations Across The Globe: Can Crew Action Shape The Outcomes?, Justin Stewart Lewis

UNLV Theses, Dissertations, Professional Papers, and Capstones

Abstract

The recent tightening of military budget constraints has called into question the feasibility of costly multilateral naval intervention used to combat maritime piracy off the eastern coast of Africa. Though past studies agree that the transformation of the Somali economy and government is crucial for a long-term solution to piracy in this part of the world, short to medium-run solutions are needed to bridge the gap. Such solutions should be fiscally sensible and serve as effective deterrents, as well as be applicable in addressing the problem of piracy and maritime armed robbery in other parts of the globe.

In …

The Pacific War, Continued: Denationalizing International Law In The Senkaku/Diaoyu Island Dispute, Joseph Jackson Harris

Georgia Journal of International & Comparative Law

No abstract provided.

The Distant Island Problem: The Arbitration On The Delimitation Of The Maritime Zones Around The French Collectivite Teritoriale Of Saint-Pierre-And-Miquelon, Merritt R. Blakeslee

Georgia Journal of International & Comparative Law

No abstract provided.

Carriage Of Hazardous Cargoes By Sea - The Hns Convention, Peter Wetterstein

Georgia Journal of International & Comparative Law

No abstract provided.

Port State Control: Strong Medicine To Cure A Sick Industry, John Hare

Georgia Journal of International & Comparative Law

No abstract provided.

Some Reflections Over The Brussels Convention Of 1952 Relating To Arrest Of Sea-Going Vessels And Its Amending Process, Jose M. Alcantara

Georgia Journal of International & Comparative Law

No abstract provided.

Exclusivity Of The Warsaw Convention's Cause Of Action: The U.S. Supreme Court Removes Some Of The Expansive Views Foundations In Zicherman V. Korean Air Lines Co. Ltd., Brian S. Tatum

Georgia Journal of International & Comparative Law

No abstract provided.

Military Activities In The Exclusive Economic Zone: East Asia Focus, Raul (Pete) Pedrozo

International Law Studies

In August 2014, a Chinese fighter aggressively intercepted a U.S. Navy surveillance plane over the South China Sea. This incident once again raises the issue of the legality of conducting military activities in and over the exclusive economic zone (EEZ) without coastal State notice or consent. All nations have a right under international law to conduct military activities in foreign EEZs. The article discusses the legal bases for conducting these activities and reviews some of the more prominent arguments used by States that purport to regulate such activities in the EEZ. It concludes that the right to engage in military …

1907 Hague Convention Viii Relative To The Laying Of Automatic Submarine Contact Mines, Steven Haines

International Law Studies

This article places 1907 Hague Convention VIII in its historical context, examines its content, summarizes State practice since 1907 (including during the two World Wars) and discusses the Convention’s relevance to contemporary mine warfare. The Convention has inherent shortcomings, has never been strictly applicable in any war since 1907, and is not strictly relevant to anything other than automatic contact mines (effectively excluding modern influence mines). Despite this—and a paucity of substantial State practice since 1945—the conclusion is that the Convention has influenced the customary law on sea-mines. When that custom was combined with other relevant custom (particularly that pertaining …

Beyond Hague Viii: Other Legal Limits On Naval Mine Warfare, David Letts

International Law Studies

Legal texts and scholarly articles that deal with the topic of naval mine warfare typically do so by reference to Hague Convention VIII of 1907 and customary international law. Little comment, if any, is usually made in relation to the variety of other legal regimes that might impact upon the use of naval mines in armed conflict. This article seeks to redress that imbalance by examining, with a focus on the jus in bello, a range of legal considerations arising from more contemporary sources that affect the use of naval mines in international armed conflict.

The Law Applicable To Naval Mine Warfare In A Non-International Armed Conflict, Rob Mclaughlin

International Law Studies

There are very few instruments and very few cases, which describe how the law in relation to naval mine warfare applies within non-international armed conflict contexts. Additionally, since 1945, there has been relatively limited State practice. Working out what the law applicable to naval mine warfare in NIAC situations might look like today thus requires some recourse to the pre-World War II scheme designed to accommodate and characterize maritime activity by rebels, insurgents, and belligerents in conflict with their State. This article proposes for discussion a set of “rules” that attempt to incorporate and update elements of this customary scheme …

International Law Applicable To Naval Mines, Chatham House

International Law Studies

This report summarizes the workshop held on February 26–27, 2014 on the law governing the use of naval mines in times of both peace and war. The workshop, organized by Chatham House, the Royal Navy and U.S. Naval War College, brought together a group of international law scholars, operational lawyers and other legal experts in the field. The objective of the workshop was to clarify existing law and identify areas of legal uncertainty to assist States to conduct their operations lawfully.